It now appears likely that Darren Wilson, the police officer in Ferguson, Missouri, who shot and killed Michael Brown, will never face criminal charges for his actions. The state grand jury declined to vote an indictment in November, and news reports indicate that there will be no federal charges against him either. Whether these decisions are correct or not, they underline the difficulty of using criminal prosecutions as vehicles for large-scale reform.
Criminal investigations are based on close analysis of what happened at a particular time and place. Brown’s death at Wilson’s hands is a classic example.
At one level, the events of August 9 in Ferguson are undisputed. Brown robbed a convenience store. Moments later, he and Wilson had a confrontation at the window of Wilson’s patrol car — during which Wilson’s gun fired. Brown, who was unarmed, walked away. Wilson pursued him and shot him dead.
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